Model Bye–Laws of Cooperative Housing Society
VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS
(B) Expulsion of a Member (Bye Law No 49 to 54)
Bye Law No 49. Grounds on which a Member could be expelled
| a. | has persistently failed to pay the charges due to the Society, |
| b. | has willfully deceived the Society by giving false information, |
| c. | has used his flat for immoral purposes or misused it for illegal purposes habitually, |
| d. | has been in the habit of committing breaches of any of the provisions of the byelaws of the Society, which, in the opinion of the Committee, . are of serious nature, |
| e. | has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society. |
| f. | A Non-Active Member who does not attend at least one meeting of the general body in next five years from the date of classification as Non Active Member. |
Bye Law No 50(a) Procedure for expulsion of a Member
The cases of expulsion from the Membership of the Society shall be dealt with in the manner provided under Section 35 of the Act, read with Rule 28 and 29 of MSCS Rules.
Bye Law No 50(b) Forfeiture of shares of the expelled member
Expulsion from Membership may involve forfeiture of the shares held by the Member. Where the Committee decides that expulsions from Membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the Rules.
Bye Law No 51. Effect of explusion on membership of the society
The Member, duly expelled from Membership of the Society, shall cease to be the Member of the Society, with effect from the date on which the resolution of expulsion from the Membership of the Society is approved by the Registering Authority'. The forfeiture of shares may take effect simultaneously with expulsion. Handing over vacant possession of the flat by the expelled Member.
Bye Law No 52. Handling over vacant possession of the flat by the expelled member
The Member, who has been duly expelled from the Membership of the Society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society, within such period as the Committee may allow. On his failure to do so, he shall be liable to be evicted from his flat. Acquisition of the Shares and interest of the expelled Member.
Bye Law No 53. Acquisition of the shares and interest of the expelled member
If the meeting of the general body of the Society has decided not to forfeit the shares, the interest of the expelled Member in the capital/property of the Society and the value thereof shall be acquired by the Society and the value thereof shall be paid to the expelled Member, within 3 months of his handing over possession of his flat or his eviction from it, after following the procedure as laid down under the bye-law No. 66 in respect of payment of the value of the shares and interest in the capital/property of the Society acquired by the Society.
Bye Law No 54. Eligibility of the expelled Member for re-admission
No Member of the Society, who has been expelled from its Membership, shall be eligible for readmission to Membership in the Society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendations of the meetings of the general body of the Society, the expelled Member may be re admitted to its Membership, as a special case before the expiry of the period of one year, with the prior permission of the Registering Authority
